Late Friday afternoon, Bathurst Regional Council released a statement to say that outgoing Federal Environment Minister Sussan Ley had opted not to place a declaration on the specified area.

This decision was made based on the recommendations of an independent reporter, who determined the specified area of the Section 10 application was not significant.

Mayor Robert Taylor was welcoming of the news.

"In correspondence received by council, Minister Ley advised she was not satisfied that the specified area is a significant Aboriginal area that is under threat of injury or desecration and that the Section 10 reporter did not find that the specified area was significant and noted the lack of consensus amongst Traditional Owners on the significance of the area," he said.

The Section 10 application was submitted by the Wiradyuri Traditional Owners Central West Aboriginal Corporation.

They had claimed that the specified area was under threat from a number of proposals, including the construction of the second circuit and associated facilities; circuit maintenance and preparation proposed by the Panorama Motorcycle Club; remediation works at McPhillamy Park proposed by council; the construction of a dwelling at 428 Conrod Straight by Botham Homes.

The claim also referred to the potential risks posed by geotechnical test pits and boreholes for the construction of the Regis pipeline proposed by GHD.

The Traditional Owners have previously told the Western Advocate that they felt "compelled to apply for the protection offered by Section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act".

Council had expressed concern about the claims, fearing the worst if Ms Ley had decided to make a declaration, particularly after a previous decision from the Minister put an end to plans for a go-kart track on land at the back of McPhillamy Park.

Member for Bathurst Paul Toole was also concerned, lodging a submission during the consultation process.

"A further decision like this could potentially impact on the many existing and potential local and international events, meaning that they may not [be] able to proceed into the future. It could also impact on things like camping and other activities in this area," Mr Toole said.

"Bathurst has a long and proud history around international car racing events and this decision could see the Federal Government being responsible for the 'death knell' of local and international car racing events in Bathurst."

The Traditional Owners have yet to make a public statement on Ms Ley's decision.

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